Can you sue for a minor dog bite in California? Here’s What to Expect

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Strict Liability | California Dog Bites

Under California Civil Code § 3342, dog owners are held liable for any damages a person suffers after being bitten by their dog while in a public place or lawfully in a private place (including the dog owner’s home or other property). Unlike with other personal injury claims, you do not need to prove the owner acted negligently. You only need to prove that you were bitten and that it occurred in a public place or lawfully in a private place, and whether the dog is known for being violent or aggressive has no bearing on the owner’s liability.

Being lawfully on the dog owner’s private property means that:

  • A person is invited onto the property by the owner. This invitation can be explicit or implied.
  • A person is performing duties required of them by state laws or U.S. postal regulations or laws.

    • You cannot file a dog bite lawsuit against government agencies using dogs for military or police work if the dog bit you to defend itself or a government agent during or following the:

  • Arrest of a suspect believed to be involved in criminal activity
  • Investigation of a crime or possible crime
  • Execution of warrant
  • Defense of an officer or another person

    • However, if you are not a suspect, party to a crime, or a participant in the criminal activity that prompted the use of the police or military dog, you can pursue action if you are bitten.

    Can You Sue for a Minor Dog Bite Injury in California?

    What should you do if you’ve been injured by a dog bite? How severe does a dog bite injury need to be in order to file a lawsuit? Can you file a lawsuit for a minor dog bite injury? Let’s explore those questions while taking a look at what steps need to be taken after you’re bitten by a dog, and how to protect your rights under the law.

    Proving Liability in a Los Angeles Dog Bite Case

    Proving liability in a dog bite claim means establishing that the accident occurred due to negligence on the part of the pet owner. Proving said negligence requires your legal team to demonstrate certain factors, including:

  • The negligent party (defendant) owned the dog
  • The dog bite occurred in a public setting or while the victim was legally on private property
  • The dog bite caused the victim to sustain an injury
  • The dog bite was the significant factor in that injury

    • What Happens if my Dog Bites Someone? A Legal Perspective